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Transfer of Ownership in Orbit: From Fiction to Problem

This presentation by Prof. Dr. Frans G. von der Dunk explores the complexities of ownership in space law, examining case studies and implications for international responsibility and liability.

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Transfer of Ownership in Orbit: From Fiction to Problem

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  1. Transfer of ownership in orbit From fiction to problem Prof. Dr. Frans G. von der Dunk Harvey & Susan Perlman Alumni / Othmer Professor of Space Law University of Nebraska-Lincoln 4th Luxembourg Workshop on Space and Satellite Communications, SES Betzdorf, 04-06-2015

  2. Ownership in space law ? • 1967 Outer Space Treaty • “Ownership of objects launched into outer space (…) is not affected by their presence in outer space (…) or by their return to the Earth.” (Art. VIII) • Echoed by 1979 Moon Agreement (Art. 12) • 2012 Space Assets Protocol • Fundamentally addresses ownership interests (Arts. I(2.h), III, XX(4)) – but is not in force • Other main space & ITU treaties: ownership not relevant… (or even mentioned) Note: ‘Ownership’ = private (law) notion

  3. SO WHAT’S THE PROBLEM?

  4. ownership of satellites • Ownership usually signifies ‘control’ • Control of activities  potential for international responsibility of a state to arise • For compliance with outer space treaties, ITU Constitution, ITU Convention & Radio Regulations • Control of a space object  potential for international liability of a state to arise • If private ownership  private control  potential interference with (jurisdiction &) control of a state  If ownership changes, this system is disrupted

  5. Reality (1) • 03/02/1984: Palapa-B2 launched on US Space Shuttle from USA – into wrong orbit • Not registered with UN • 11/1984: retrieval by US Space Shuttle on behalf of Lloyds insurers • 13/04/1990: re-launched on Delta (McDonnell Douglas) from USA • Registered with UN 17/01/1992 by USA • In-orbit handover to Permutal (Indonesian government company)

  6. Reality (2) • 1992: BSkyB sells Marcopolo-2 to Norwegian Telecom, renamed Thor • BSkyB = UK company • Launched 17/08/1990 on Delta by McDonnell Douglas (US) from USA • Registered with UN 08/07/1991 by UK • UK notifies UN 15/06/2007: moved to graveyard orbit • Note: Norway notified UN of establishment national register only as of 21/01/2014

  7. Reality (3) • 1993: Telesat Canada sells Anik C1 & C2 to Paracorn, renamed Nahuel I1 & I2 • Paracorn = Argentine company • Launched 12/04/1985 resp. 18/06/1983 on US Space Shuttle from USA • Both registered with UN 06/02/1987 by Canada • Both retired (05/05/2003 resp. 07/01/1998) – no notifications thereof in UN register • Note:Argentina had notified UN 30/12/1996 of establishment national register

  8. Reality (4) • 1996: BSkyB sells Marcopolo-1 to NSAB, renamed Sirius-1 • BSkyB = UK; NSAB = Swedish • Launched 27/08/1989 on Delta by McDonnell Douglas (US) from USA • Registered with UN 12/04/1990 by UK • Included in Swedish national registry as notified to UN 01/02/1999 • Moved in 2000 from 5.20 E to 130 W • UK notifies UN 15/06/2007: moved to graveyard orbit

  9. Reality (5) • 2009: KT Corp. sells Koreasat-2 to ABS, renamed ABS-1A • KT = South Korean; ABS = Bermuda / Hong Kong (…!) • Launched 14/01/1996 on Delta from USA • KT continues to provide TT&C for the satellite • Registered with UN 11/03/1996 by South Korea • Additional information 13/12/2013: moved from 1130 E to 74.80 E & ownership transferred to ABS

  10. Reality (6) • 2010: KT Corp. sells Koreasat-3 to ABS, renamed ABS-7 • KT = South Korean; ABS = Bermuda / Hong Kong (still … ) • Launched 05/09/1999 on Ariane from French Guyana • KT continues to provide TT&C for the satellite • Registered with UN 18/09/1999 by South Korea

  11. Reality (7) • 2014: Airbus Defence & Space sells Spot-7 to Azercosmos, renamed Azersky • ADS = French company; Azercosmos = space agency Azerbaijan • Launched 30/06/2014 on PSLV (ISRO) from India • Not registered with UN (yet)

  12. Special case #1 • AsiaSat-1 & -2, owned by AsiaSat • Launched 07/04/1990 resp. 28/11/1995 on Long March (GWIC) from PRC • AsiaSat = Hong Kong company • UK had registered launch with UN on 15/05/1990 resp. 23/01/1996 • 1997 Hong Kong: UK  PRC • PRC notified UN of transfer of ownership to & of national registration by PRC as of 01/07/1997 & removal Asiasat-1 to graveyard orbit on 08/06/2005

  13. Special case #2 • Telesat Canada founded 1989, HQ Ottawa • Presently owns 13 satellites & operates 13 more for others • In 2007 Loral (= US company) took over 64% Telesat

  14. More special cases #2 • LMI-1 launched 1996 on Proton from Baikonur; Russia notified UN (‘on US telecom satellite’); LMI acquired 2006 by ABS • Agila-2 launched 1997 from PRC; registered with UN 2003 by Philippines; Mabhay Satellite Corporation acquired 2009 by ABS, renamed ABS-5

  15. Concluding remarks • Normal commercial practices such as transfer of ownership in orbit have been introduced into the space arena, while (public) (international) space law has largely remained unchanged since the early days – which increasingly raises problems in practice of actual governmental oversight • Who is responsible / liable? Who should register / exercise jurisdiction? Over what part of a spacecraft? • Next to transfer of ownership also leasing of spacecraft / transponders in orbit now a reality

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